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INDIAN PARTNERSHIP ACT

  • July 8, 2021
  • Zia Judicials
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Indian Partnership Act

  • Smith v. Anderson, (1880) 15 Ch. D. 247

Generally speaking ‘business’ refers to any activity which if successful would result in profit.

  • Minck v. Roshan Lal Shorey, 1931 Lah HC

It is not necessary that the business should be of a long and permanent undertaking. There can be a single business venture for which a partnership may exist.

  • Abdul v. Century Wood Industries, AIR 1954 Kant 33

Partnership Agreement need not be express. It may arise from the conduct of the parties also.

  • Cox v. Hickman, (1860) 8 H.L.C. 268

No man is a partner unless he has the right to share in the profits of a business, but every person who received the profitis not necessarily a partner.

  • Munshi Ram v. Municipal Committee, (1979) 3 SCC 83

Firm is not a legal person neither it has a separate legal entity having an independent or distinct existence from its partners. It is only a compendious description of individuals who compose the firm.

  • Gherulal Parekh v. Mahadeo Das, AIR 1959 SC 781

There was a partnership between two persons for entering into certain wagering transactions for a particular season only. It was held to be a valid partnership.

  • CIT v. Dwarkadas Khetan& Co., AIR 1961 SC 680

The court held that a minor cannot be a full-fledged partner in an existing firm.

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